Orissa High Court
Manmasi Samad vs State Of Odisha on 18 March, 2021
CRLA No.766 of 2017
Misc. Case No.1998 of 2017
Manmasi Samad ... Appellant/
Petitioner
-Versus-
State of Odisha ... Respondent/
Opp. party
04. 18.03.2021 This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This is an application under Section 389 of Cr.P.C.
for grant of bail.
The appellant-petitioner has been convicted under
section 376 (2)(i) of the Indian Penal Code read with
section 6 of the POCSO Act and sentenced to undergo
R.I. for ten years and to pay a fine of Rs.50,000/-
(rupees fifty thousand), in default, to undergo R.I. for six
months for the offence under section 376(2)(i) of the
Indian Penal Code and R.I. for ten years with a fine of
Rs.50,000/- (fifty thousand), in default to undergo R.I.
for six months for the offence under section 6 of the
POCSO Act and both the sentences were directed to run
concurrently by the learned 2nd Additional Sessions Judge
-cum- Judge (Children Court), Sambalpur in S.T. Case
No.89/119 of 2015-17.
Perused the impugned judgment.
Learned counsel for the appellant submitted that
the appellant was taken into custody in connection with
this case on 29.03.2015 and by virtue of the bail order
passed by this Court in BLAPL No.1139 of 2017 as per
the order dated 17.08.2017, the petitioner was released
from jail custody on 19.08.2017 and again he was taken
into custody on the date of pronouncement of the
judgment i.e. 22.11.2017 and since then he is in judicial
custody. He further submits that there is no chance of
early hearing of the appeal in the near future and the
balance of convenience is in favour of the petitioner. He
further submitted that the victim who is a minor girl
stated that her dresses were removed by the petitioner
before commission of rape and she was dragged to the
side of Panchayat Office and laid down her on the floor
and the spot was a stony and uneven surface but though
the occurrence in question took place on 27.03.2015, the
F.I.R. was lodged on the next day i.e., 28.03.2015 and
the victim was examined by P.W.7 on 29.03.2015 but the
doctor did not notice any external injury on her person
and there was also no sign and symptom of recent sexual
intercourse on her genitalia and though the doctor
collected the vaginal swabs of the victim and sent for
necessary Pathological test and the sample pubic hair
was plucked, sealed and handed over to the
accompanying constable but no chemical examination
has been proved during trial. Learned counsel further
submits that the petitioner has good chance of success in
the appeal and the balance of convenience is in his
favour and therefore, the bail application may be
favourably considered.
Learned counsel for the State placed the evidence
of the victim (P.W.2) and the doctor (P.W.7).
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial and the period of
detention of the petitioner in judicial custody and
absence of any chance of early hearing of the appeal in
the near future, I am inclined to release the appellant-
petitioner on bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/- (rupees fifty thousand) with two local
solvent sureties each for the like amount to the
satisfaction of the learned trial Court.
The Misc. Case is disposed of.
.............................
S.K. Sahoo, J.
Misc. Case No.1999 of 2017
04. 18.03.2021 Heard.
There shall be stay of realization of fine
amount imposed by the learned trial Court on the
appellant-petitioner pending disposal of the criminal
appeal.
The Misc. Case is disposed of.
Issue certified copy as per rules.
p .............................
S.K. Sahoo, J.
P
